[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38272-38273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15413]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
and Final Rescission, in Part, of the 25th Antidumping Duty 
Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) published the 
preliminary results of the 25th administrative review of the 
antidumping duty order on fresh garlic from the People's Republic of 
China (China) on March 25, 2021. Commerce determines that mandatory 
respondent, Shijiazhuang Goodman Trading Co., Ltd. (Goodman) failed to 
establish its eligibility for a separate rate and is part of the China-
wide entity. We also find that the review request made by The Roots 
Farm Inc. (Roots Farm) was not valid and, accordingly, we have 
rescinded the review with respect to the other mandatory respondent, 
Zhengzhou Harmoni Spice Co., Ltd. (Harmoni).

DATES: Applicable July 20, 2021.

FOR FURTHER INFORMATION CONTACT: Leo Ayala, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3945.

SUPPLEMENTARY INFORMATION:

Background

    On March 25, 2021, Commerce published the preliminary results of 
the 25th administrative review of fresh garlic from China.\1\ We 
preliminarily found that the mandatory respondent Goodman was part of 
the China-wide entity. We rescinded the review with respect to five 
companies for which their sole requests for review had been timely 
withdrawn.\2\ Furthermore, we preliminarily determined that the review 
request submitted by Roots Farm was invalid and preliminarily rescinded 
the review with respect to Harmoni. Additionally, we found that two 
companies, Shandong Happy Foods Co., Ltd. and Jining Alpha Food Co., 
Ltd., qualified for separate rate status.
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    \1\ See Fresh Garlic from the People's Republic of China: 
Preliminary Results, Preliminary Rescission, and Final Rescission, 
In Part, of the 25th Antidumping Duty Administrative Review; 2018-
2019, 86 FR 15903 (March 25, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ The companies are: (1) China Jiangsu International Economic 
Technical Cooperation Corporation; (2) Hebei Holy Flame 
International; (3) Jinxiang Qingtian Garlic Industries; (4) Qingdao 
Ritai Food Co., Ltd.; and (5) Yingxin (Wuqiang) International Trade.
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    On April 26, 2021, the Fresh Garlic Producers Association (FGPA) 
and its individual members \3\ submitted comments on the Preliminary 
Results.\4\ No other party submitted comments. The deadline for the 
final results is July 23, 2021.
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    \3\ The individual members of the FGPA are: Christopher Ranch 
L.L.C.; The Garlic Company; and Valley Garlic.
    \4\ See FGPA's Letter, ``25th Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China--Petitioners' Letter in Lieu of Case Brief,'' dated April 26, 
2021.
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Scope of the Order

    The products subject to the order are all grades of garlic, whole 
or separated into constituent cloves, whether or not peeled, fresh, 
chilled, frozen, provisionally preserved, or packed in water or other 
neutral substance, but not prepared or preserved by the addition of 
other ingredients or heat processing. The differences between grades 
are based on color, size, sheathing, and level of decay. The scope of 
the order does not include the following: (a) Garlic that has been 
mechanically harvested and that is primarily, but not exclusively, 
destined for non-fresh use; or (b) garlic that has been specially 
prepared and cultivated prior to planting and then harvested and 
otherwise prepared for use as seed. The subject merchandise is used 
principally as a food product and for seasoning. The subject garlic is 
currently classifiable under subheadings: 0703.20.0000, 0703.20.0005, 
0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 0710.80.7060, 
0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 
and 2005.99.9700, of the Harmonized Tariff Schedule of the United 
States (HTSUS).
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the order is 
dispositive. In order to be excluded from the order, garlic entered 
under the HTSUS subheadings listed above that is (1) mechanically 
harvested and primarily, but not exclusively, destined for non-fresh 
use or (2) specially prepared and cultivated prior to planting and then 
harvested and otherwise prepared for use as seed must be accompanied by 
declarations to U.S. Customs and Border Protection (CBP) to that 
effect.

Partial Rescission of Administrative Review

    Commerce has determined that the review request from Roots Farm was 
invalid ab initio, and is rescinding the administrative review with 
respect to mandatory respondent, Harmoni.

Analysis of Comments Received

    The FGPA was the only party to file comments on the Preliminary 
Results. The FGPA noted that the preliminary rate applied to Shandong 
Happy Foods Co., Ltd and Jining Alpha Food Co., Ltd should be $4.37 per 
kilogram (kg) rather than the rate of $4.34 per kg stated in the 
Preliminary Results. Commerce stated in the Preliminary Results that 
the margin assigned to the separate rate recipients would be the ``rate 
for the separate rate companies in the previous administrative review 
of this order.'' \5\ The separate rate in the previous administrative 
review was $4.37 per kg.\6\ Therefore, we have made the

[[Page 38273]]

change proposed by FGPA for these final results. See Final Results of 
Administrative Review section.
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    \5\ See Preliminary Results PDM at 9.
    \6\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission, of the 24th Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 71049, 71050-51 (November 6, 
2020) (Garlic from China 2017-2018).
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Determination of Separate Rates for Non-Selected Companies

    In the Preliminary Results, in accordance with section 
777A(c)(2)(B) of Tariff Act of 1930, as amended (the Act), Commerce 
employed a limited examination methodology, as we determined that it 
would not be practicable to examine individually all companies for 
which a review request was made.\7\ There were two exporters of subject 
merchandise from China that have demonstrated their eligibility for a 
separate rate but were not selected for individual examination in this 
review. These two exporters are listed in the Final Results of 
Administrative Review section of this notice.
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    \7\ See Memorandum, ``2018-19 Antidumping Duty Administrative 
Review of Fresh Garlic from the People's Republic of China: 
Selection of Respondents for Individual Examination,'' dated 
February 20, 2020.
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    Neither the Act nor Commerce's regulations address the 
establishment of the rate applied to individual companies not selected 
for examination where Commerce limited its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Commerce's practice in cases involving limited selection based on 
exporters accounting for the largest volume of imports has been to look 
to section 735(c)(5) of the Act for guidance, which provides 
instructions for calculating the all-others rate in an investigation. 
Section 735(c)(5)(A) of the Act instructs Commerce to use rates 
established for individually investigated producers and exporters, 
excluding any rates that are zero, de minimis, or based entirely on 
facts available in investigations.
    In this administrative review, Goodman, the only individually 
reviewed respondent, did not receive a weighted-average dumping margin. 
Therefore, for these final results, Commerce has determined to assign 
the separate-rate from the prior review,\8\ which was Goodman's 
calculated rate, to the non-selected separate-rate companies.
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    \8\ See Garlic from China 2017-2018.
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Final Results of Administrative Review

    Commerce determines that the following weighted-average dumping 
margins exist for the administrative review covering the period 
November 1, 2018, through October 31, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                          average margin
                        Exporter                           (dollars per
                                                                kg)
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Shandong Happy Foods Co., Ltd...........................            4.37
Jining Alpha Food Co., Ltd..............................            4.37
China-Wide Rate \9\.....................................            4.71
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Assessment Rates
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    \9\ The companies that are part of the China-wide entity in this 
review include Shijiazhuang Goodman Trading Co., Ltd.; Qingdao 
Maycarrier Import & Export Co., Ltd.; and Weifang Hongqiao 
International Logistics Co., Ltd.
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    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review. Commerce intends to direct CBP to assess rates 
based on the per-unit (i.e., per kg) amount on each entry of the 
subject merchandise during the POR. Commerce also intends to issue 
assessment instructions no earlier than 35 days after the publication 
date of the final results of this review in the Federal Register. If a 
timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
    Pursuant to Commerce's assessment practice in non-market economy 
cases, for merchandise entered under Goodman's case number (i.e., at 
its individually-examined exporter's cash deposit rate), Commerce 
intends to instruct CBP to liquidate such entries at the China-wide 
rate.\10\
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    \10\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
this notice in the Federal Register, as provided by sections 751(a)(2) 
of the Act: (1) For the companies listed above, the cash deposit rate 
will be the rate established in these final results of review; (2) for 
previously investigated or reviewed Chinese and non-Chinese exporters 
not listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all Chinese exporters of subject merchandise which have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the China-wide rate of 4.71 U.S. dollars per kg; and (4) for 
all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this period of review. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of return or destruction of APO materials, or conversion 
to judicial protective order, is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 
and 19 CFR 351.221(b)(5).

    Dated: July 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-15413 Filed 7-19-21; 8:45 am]
BILLING CODE 3510-DS-P